United States v. Frank Jackson

MESKILL, Circuit Judge:

The government appeals from a decision entered in the United States District Court for the Southern District of New York, Lasker, /., declaring the enhanced penalty provisions of 21 U.S.C. § 841(b) and United States Sentencing Guidelines (Guidelines) § 2D1.1 void for vagueness because the provisions do not define the term “cocaine base.” United States v. Jackson, 768 F.Supp. 97 (S.D.N.Y.1991). Those provisions impose substantially greater sentences for offenses involving cocaine base than for offenses involving the same amount of cocaine. 21 U.S.C. § 841(b); Guidelines…